PART TEN
CHAPTER FORTY THREE
PROCEEDINGS FOR THE APPLICATION OF COMPULSORY MEASURES OF A MEDICAL CHARACTER
Article 378. Grounds for Applying Compulsory Measures of Medical Character
378.1. Compulsory measures of a medical character provided by Article 65 of the Criminal Code shall be applied by a court to a persons who have committed a crime when was mentally unable to be responsible for his/her action, or who have contracted a such mental illness after committing a crime and if such persons deem to represent a danger to a society due to character of the committed crime or state of illness.
378.2. Legal proceedings for application of compulsory measures of a medical nature shall be
determined by the general grounds of this Law and, in addition, by procedures specified in this Chapter.
Article 379. Procedure for Carrying out Inquiry or Investigation
379.1. In cases of persons specified in article 385 of this Law, it shall be obligatory to carry out an
investigation. The following circumstances must be ascertained in the investigation:
379.1.1. whether such person has been mentally ill in the past, the character and progress of the mental illness at the moment of committing the crime and at the time of the investigation of the case ;
379.1.2. the behavior of the person who has committed the crime both before and after its commission;
379.2. Referral of the person for examination by a forensic psychiatric expert shall be permitted only if there exist sufficient data to indicate that person specified in Article 379.1. of this Law has committed the crime regarding which the criminal case has been initiated and the investigation is being carried out.
379.3. If the participation of the person who has committed the socially dangerous act in inquiry or
investigation is impossible by virtue of state of mental illness, the inquiry officer or investigator shall draw up a record to this effect.
Article 380. Participation of Defense Counsel
380.1. In cases of persons specified in article 378 of this Law the participation of defense counsel shall be obligatory.
Article 381. Completion of an Inquiry or Investigation
381.1. Upon completion of an inquiry or investigation, one of the following decisions shall be issued:
381.1.1. to terminate proceedings in the case, in instances provided for by Article 208 of this Law;
381.1.2. to transfer the case to a procurator rendering a decree to refer a case to court, if grounds have been established for applying compulsory measures of a medical character to the person who has committed the crime;
381.2. The decree must set forth all the circumstances of the case established by the inquiry or
investigation and the grounds for application of compulsory measures of a medical character.
381.3. If a procurator considers appropriate to apply compulsory measures of a medical character,
he/she shall transfer the case to court, or if he is not in agreement, shall terminate the case or return for supplementary inquiry or investigation.
Article 382. Preparatory Actions for Judicial Session
382.1. Upon receipt of the case a court shall set date for consideration by an order of a judge and shall notify the procurator, defense counsel, and legal representatives of the person who has committed a crime, and shall summon the victims, witnesses, when necessary experts.
382.2. The court may summon the person who has committed a crime to the judicial session
considering the character of his/her illness.
Article 383. Consideration of the Case at Judicial Session
383.1. The consideration of a case received in court under the procedure of Article 381 of this Law shall proceed in judicial session in accordance with the rules of Chapters Thirty One through Chapter Thirty Five of this Law with obligatory participation of a citizen's representative, the state prosecutor and defense counsel.
383.2. In the judicial session, evidence tending to establish or negate the commission by the given
person of a crime must be verified, the opinion of experts on mental illness of such person must be heard, and other circumstances which are of substantial significance for deciding the question of the application of compulsory measures of a medical character must be reviewed.
383.3. Upon completion of the court litigation, the court shall hear the citizens' representative, the state prosecutor and the defense counsel.
Article 384. Resolution of Case by Court
384.1. A court shall resolve a case by its ruling, which shall be rendered in the conference room. When rendering a ruling, the court must resolve the following questions:
384.1.1. whether there has taken place a crime provided for by the criminal law;
384.1.2. whether the person concerning whom the case is being considered has committed that act;
384.1.3. whether the given person has committed the crime while was mentally ill, or has contracted a mental illness after committing a crime;
384.1.4. whether application of compulsory measure of a medical character is required if so what kind of measures shall be applied.
Article 385. Decree of Court
385.1. If it deems proved that a given person has, committed a crime while being mentally unable to be responsible for his/her action, or has contracted a chronic mental illness after committing a crime a court shall release such person from criminal responsibility or conviction, apply to him/her a compulsory measures of medical character.
385.2. If the person described in Article 385.1. of this Law is no longer dangerous to the society and the crime and damages caused by it are not grave court may terminate the case without applying compulsory measures of medical character and may inform medical institution to such effect.
385.3. If it is not established that a person who has committed a crime was mentally ill, or has
contracted such an illness after committing a crime or if he/she is ill but there is no ground to release from conviction the court shall return the case for inquiry or investigation and the case shall be investigated and resolved through usual procedure.
385.4. If participation of the person, described in paragraph Article 385.1. of this Law, in the
commission of the crime has not been proved or if the circumstances provided for by article 24 of this Law have been established the case shall be terminated regardless of the person's illness.
385.5. In the decree the court the questions indicated in Article 298 of this Law shall be resolved.
Article 386. Cancellation or Change of Compulsory Measure of Medical Character
386.1. If a person is recovered or there is a better change in the state of his/her health, court shall
consider, in accordance with the procedure established by Articles 340.1., and 340.5. of this Law, the question of canceling or changing the compulsory measure of a medical character, upon proposal of the administration of the medical institution in which the given person is being treated and based on the conclusion of a commission of doctors.
386.2. Relatives of the person and other interested persons may initiate a petition to cancel or change the compulsory measures of a medical character, and in such instances, the court shall inquire of the appropriate agencies of public health concerning the state of health of the person in question.
386.3. The questions stated in this article shall be resolved by the court which has rendered the ruling to apply a compulsory measure of a medical character or by a court at the place of application of such a measure, with the obligatory participation of a procurator.
Article 387. Reopening of the Case With Respect to Person to Whom Compulsory Measure of Medical Character Has Been Applied
387.1. If a person to whom a compulsory measure of a medical character has been applied because of a mental illness contracted by him after commission of the crime is deemed by a doctor's commission to have recovered, a court shall cancel the compulsory measure of a medical character in accordance with the rules of Article 340 of this Law and shall transfer the case to agencies of inquiry, investigation or to court.
387.2. Inquiry, investigation or judicial investigation for the cases transferred in conformity with Article 387.1. of this Law shall be carried out in usual manner.
387.3. The time spent in the medical institution shall be included in the time of being kept under guard.
Mental disease or defect - national proceedings
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